RULES, REGULATIONS AND FEE SCHEDULE OF THE
DEPARTMENT OF WORKFORCE SERVICES
WORKERS’ SAFETY AND COMPENSATION
CHAPTER 2
EMPLOYER COVERAGE, COMPLIANCE, AND DISCOUNT PROGRAMS
Section 1.
General.
(a)
Application for Determination of Coverage.
No employer subject to the
Act shall commence business or engage in any work in Wyoming without applying for
coverage and receiving a statement of coverage from the Division. The application
shall supply such information as the Division requests regarding the nature, location,
extent and duration of the intended work. Employers determined by the Division to be
non-resident employers must comply with the bond or security requirements of W.S. §§
27-1-106 and 27-14-302; a non-resident employer is that employer defined in W.S. §
27-14-102(a)(xiii).
(b)
Proof of Coverage (POC) Certificate.
(i)
For the purposes of W.S. § 27-14-306 a POC certificate shall
further contain all of the following:
(A)
The applicable time-frame of the certificate;
(B)
A statement as to the applicability of insurance coverage for
employees of the nonresident employer, to specifically address employees that are
Wyoming residents.
(I)
Failure to provide or maintain a POC certificate, or
provide Workers’ Compensation coverage for all employees engaged in extrahazardous
employment, will require the nonresident employer to provide Wyoming Workers’
Compensation coverage.
(c)
Employer Number; Corporations. Every employer participating under the
Act shall be assigned an employer number by the Division. Employers who are
incorporated must provide a copy of the certificate of authority issued by the Secretary
of State of Wyoming authorizing the employer to do business in the state of Wyoming.
A copy of the corporate minutes that identifies the corporate officers of the corporation
must also be filed with the Division.
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(d)
Reports When no Premiums Have Accrued. Every employer subject to
the Act is required to send in the regular reports even though no premiums have
accrued with respect to a particular reporting period. Employers shall file reports for
such period and shall continue to file such reports until the Division has received and
approved a notification to discontinue filing reports.
Section 2.
Successor Employer.
(a)
For purposes of W.S. § 27-14-207(b), "account" includes: premium rate,
experience rating, premium credit program, safety discount program, drug and alcohol
testing discount program, health and safety consultation discount program, and
outstanding accounts receivable including past due or delinquent premium, interest,
penalties, small employer group credit, and claims reimbursement, until recalculated for
the subsequent rate year.
(b)
For purposes of W.S. § 27-14-207(c), "account" includes: premium rate,
experience rating, premium credit program, safety discount program, drug and alcohol
testing discount program, health and safety consultation discount program, and small
employer group credit, until recalculated for the subsequent rate year.
Section 3.
Experience Rating.
(a)
Pursuant to W.S. § 27-14-201(d), one experience rating shall be assigned
to each employer number for those eligible employers under the Act. An employer who
elects to establish a separate employer number for each separate legal entity of the
employer's businesses shall be assigned an experience rating for each employer
number.
(b)
Three years claims experience shall begin July 1 of the 5th calendar year
prior to the rating year and end June 30 of the 2nd calendar year prior to the rating year.
(c)
For an employer having less than 1 full fiscal year of premium obligation
during the experience rating period, the employer's experience rating will be equal to a
modification of 1.
(d)
For an employer having greater than 1 full fiscal year of premium
obligation during the experience rating period, but less than 3 full fiscal years of
premium obligation, the actual premium obligation will be based on the employer’s
actual experience as recorded by the Division in the quarterly or monthly reports in the
fiscal year.
(e)
For an employer whose total cumulative premium obligation, either actual
or prorated, has been less than $5,000.00 for the 3 year experience rating period, the
experience adjustment for claims occurring within the three year experience rating
period shall be as follows:
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(i)
Zero if the employer's account has been charged with 1 claim which
exceeds $500.00 within the experience rating period;
(ii)
Twenty percent penalty if the employer's account has been charged
with 2 or more claims which exceed $500.00 within the experience rating period;
(iii)
Twenty percent credit if the employer's account has not been
charged with a claim exceeding $500.00 during the experience rating period.
(f)
For those employers not described in Section 3(d) above, the experience
rating shall be calculated using the following formulas:
(i)
Modified Claims Costs - (Premium paid X Allowable loss
percentage) = Raw Modification Factor*
Allowable loss amount
*(positive number = penalty, negative number = credit)
(ii) Raw Modification Factor X Credibility Factor = Experience Adjustment.
(g)
For all employers not described in Section 3(d) above, the numbers
identified in the formulas in Section 3(e) shall be limited as provided in the following
table:
GROUP PREMIUM
RANGE
I.
0 - 5,000
II.
5,001 - 19,999
III.
20,000 - 99,999
IV. 100,000 - 399,999
V. 400,000 or greater
MAXIMUM CHARGE PER CREDIBILITY
MAXIMUM
CASE
%
DEBIT/CREDIT
YEAR 1 YEAR 2 YEAR 3
YEAR 1 YEAR 2 YEAR 3
N/A
N/A
N/A
N/A
N/A
N/A
N/A
11,999 15,999 19,999
.25
.15
.20
.25
71,428 85,713 99,999
.35
.25
.30
.35
254,545 327,272 399,999
.55
.35
.45
.55
400,000 400,000 400,000
.65
.45
.55
.65
(h)
Contesting Experience Rating. Any employer may contest the annual
experience rating or case reserve amounts assigned by the Division. Contest shall be
made by filing a written objection with the Division within 30 days after notification by the
Division as provided in W.S. § 27-14-201(h). The Division shall resolve the matter
administratively within 45 days after the filing of the objection. If the matter is not
resolved within 45 days then the Division shall refer the objection to an independent
hearing officer appointed for such purpose, pursuant to these rules and the Wyoming
Administrative Procedure Act.
Section 4. Classifications. The employer shall provide a true and accurate
description of its business operations prior to commencing operations, which require
coverage under the Act for eligible workers in the state of Wyoming. The employer is
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required to notify the Division in writing of any change in business operations, which
affect the industrial classification of the business for purposes of workers'
compensation.
The employer shall grant reasonable access to the Division's
representative to verify information provided by the employer with respect to the
business operations.
(a)
Classification Procedures.
The Division will assign an industrial
classification or classifications pursuant to the North American Industry Classification
System (NAICS) codes provided by the Federal Bureau of Labor Statistics via the
Internet or in a printed manual dated 2002 or later. The industrial classification(s)
assigned will be that which best describes the primary business of the employer.
Businesses conducted at one or more locations which normally prevail in the primary
industrial classification will not be assigned separate classifications for supporting
operations, with certain specific standard exceptions for clerical office occupations,
inside sales occupations, outside sales occupations, or temporary help occupations.
(b)
Classification Revisions.
The Division shall correct industrial
classifications which it determines to be incorrect. The Division shall give the employer
written notification of any change in industrial classification and such changes shall
become effective on the first day of the reporting period following the reporting period in
which the Division gives written notification.
(c)
Contesting Classification. Any employer may contest the industrial
classification assigned by the Division. Contest shall be made by written objection to
the Division within 30 days of the employer's notification of the classification assigned
by the Division. The Division shall resolve the matter administratively within 45 days or
refer the objection to an independent hearing officer appointed for such purpose,
pursuant to the Wyoming Administrative Procedure Act.
Section 5.
Audits. Investigation and examination of an employer’s records
may be conducted in accordance with W.S. § 27-14-803. The Division may examine
books, accounts, payrolls or the business operation of any employer to determine if the
employer has engaged in activity in violation of the act, to verify information provided to
the Division by the employer, and for the administration of this act. The employer shall
grant reasonable access to the Division’s representative to examine information
pertinent to the employers’ business operations.
(a)
Audit Procedures. The Division’s representative will conduct an audit and
review the preliminary findings with the employer. These audit findings will then
undergo final review by the Division with correction of any findings, which it determines
to be incorrect. The Division will then issue a Final Audit Determination Notice to the
employer upon completion of the audit.
(b)
Contesting Audit. Any employer may contest the audit conducted by the
Division. Contest shall be made by filing a written objection with the Division within
30days after notification by the Division as provided by the Final Audit Determination
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Notice. The Division shall resolve the matter administratively within 45 days or refer the
objection to an independent hearing officer appointed for such purpose, pursuant to the
Wyoming Administrative Procedure Act.
Section 6. Proceedings for Forfeiture of Non-Resident Employers’ Surety
Bond. Prior to proceedings for forfeiture of a bond by a non-resident employer, the
Division shall notify the employer in writing of the events triggering a possible forfeiture,
the amount of the bond to be forfeited, and the employer's right to avoid forfeiture by
paying an equivalent amount to the Division within 30 days. The amount to be forfeited
shall be the sum of the following:
(a)
The remaining reserved amounts for compensable injuries to the
employer’s workers less the cumulative premiums paid by the employer;
(b)
All unpaid premiums, penalties and interest accruing as a result of late
payment or non-payment of said premiums, and reasonable auditing expenses; and
(c)
Any and all amounts due as a result of unpaid wages as determined by
the Labor Standards Program in the Department of Workforce Services.
Section 7.
Safety Program; Employer Discount.
(a)
Pursuant to W.S. § 27-14-201(o) employers may receive a premium base
rate discount, as determined through the Division’s premium rate setting process for its
employment classification, by participating in a safety program..
(b)
Employers must have at least 1 employee to participate in the program,
establish and maintain certificates of good standing with Wyoming Workers’
Compensation, Unemployment Insurance, and the Secretary of State. Certificates of
good standing shall be reviewed on a quarterly basis to ensure compliance. If
certificates of good standing cannot be established and maintained by the employer,
that employer shall be disqualified from the program until such time as the employer
reapplies for the program and all program requirements have been met.
(c)
Pursuant to W.S. § 27-14-803 and in accordance with Chapter 2, Section
5. Audits, the Division may investigate and examine the employer’s documentation as
pertains to compliance with its approved health and safety program(s). If the Division
finds the employer to be in noncompliance after reviewing the relevant documentation,
participation in the employer base rate discount program may be revoked or reduced.
(d)
This program shall comply with some or all of the following provisions
dependent on the level of discount participation:
(i)
a formal declaration, in writing of a company-wide loss prevention
and loss control policy;
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(ii)
a formal creation of a risk assessment (safety) committee or
(iii)
clearly defined and posted loss prevention (accident prevention)
(iv)
all employees have undergone hazard assessment training;
(v)
a substance abuse training plan;
(vi)
written policies/procedures on claims management; and
coordinator;
rules;
(vii) written policies/procedures establishing a drug-free workplace,
which may include an employee assistance program to assist employees with alcohol or
other drug problems. These policies shall be posted in a conspicuous place where they
may be regularly viewed by employees:
(A)
The policy shall:
(I)
establish that the unlawful use, possession, transfer
or sale of illegal drugs or controlled substances and the misuse of alcohol by employees
during work hours are prohibited;
(II)
provide an explanation of the consequences of
violation of the employer’s drug-free policy, which may include a referral for therapeutic
help, discipline and/or discharge.
(III)
encourage the designation of totally or partially smoke
free workplace.
(B)
Employers shall post a list of community resources that
provide substance abuse treatment and prevention services in a conspicuous place
where they may be regularly viewed by employees. The Department of Health shall
provide the list on the website of the Substance Abuse Division or in hard copy to
employers requesting the list.
(C)
Employers are not required to pay the costs of treatment or
any other intervention to qualify for the safety discount program.
(D)
Employers enrolled in an approved safety discount program
on the effective date of these rules shall have one year from the effective date of these
rules to comply with the drug-free workplace requirements.
(E)
Employers enrolling on or after the effective date of these
rules shall comply with the drug-free workplace requirements upon enrollment.
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(e)
Applications to participate in this program may be submitted to the
Division at any time, and upon approval, premium base rate discounts shall be
implemented in the subsequent calendar quarter.
(i)
To achieve a 3.33% reduction to its premium base rate, an
employer must have a documented health and safety program; and
(ii)
To achieve a 6.66% reduction to its premium base rate, an
employer must have an established Health and Safety committee and documented
monthly safety meetings; and
(iii)
To receive a 10% discount, an employer must achieve and
maintain a loss ratio of equal to or less than 10%.
(f)
Premium base rate discount renewals shall be in effect each year only in
the event that the owner or designated officer signs and submits an affidavit attesting to
the fact that the health and safety program has been continually utilized for the previous
year. If an audit is conducted and the employer is found to be out of compliance with
any of the previous requirements or have experienced a fatality, catastrophe, willful or
repeat serious offense, the employer shall be removed from the program until such time
as the employer reapplies for the program and all program requirements have been
met.
(g)
Safety Incentive. To be eligible for the safety discount, an employer must
have submitted its payroll reports and paid full premium for all prior reporting periods.
Section 8.
Drug and Alcohol Testing Program; Employer Discount
(a)
Pursuant to W.S. § 27-14-201(o) employers may receive a premium base
rate discount, as determined through the Division’s premium rate setting process for
their employment classification, by participating in a drug and alcohol testing program
approved by the Division.
(b)
Employers must have at least 1 employee to participate in the program,
establish and maintain certificates of good standing with Wyoming Workers’
Compensation, Unemployment Insurance, and the Secretary of State. Certificates of
good standing shall be reviewed on a quarterly basis to ensure compliance. If
certificates of good standing cannot be established and maintained by the employer,
that employer shall be removed from the program until such time as the employer
reapplies for the program and all program requirements have been met.
(c)
Applications to participate in the drug and alcohol testing program may be
submitted to the Division at any time and, upon approval, premium base rate discounts
shall be implemented in the subsequent calendar quarter.
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(d)
Upon receipt of a completed application, the Division shall review the
application for compliance with these rules and either approve or deny the application.
The Division shall deny an application if an applicant fails to meet all of the
requirements of these rules. The Division shall also refuse to renew an application if the
employer no longer meets or has violated any provision of these rules.
(e)
After approval or renewal, the applicable premium base rate discount shall
be applied to the following 4 calendar quarters unless revoked pursuant to these rules.
(f)
annually.
Applications are approved for 4 calendar quarters and shall be submitted
(g)
Applications shall include the employer’s name, printed name and title of
the officer/owner, signature of the officer/owner, date, and a notarization that the
information is a true and factual representation of the drug-free workplace program. A
drug-free workplace program shall contain all of the following:
(i)
A written policy, which shall include all of the following:
(A)
A statement providing for inclusion of all Workers’
Compensation covered employees in the substance abuse testing program.
(B)
A statement of required types of substance abuse testing.
(C)
A statement of actions the employer may take against an
employee or job applicant on the basis of a positive confirmed test result.
(D)
A statement of consequences of an employee’s or job
applicant’s refusal to submit to a drug test.
(E)
A general confidentiality statement.
(F)
A statement advising employee who receives a positive
confirmed test result that he or she may contest or explain the result to the employer
within 5working days after written notification of the test result.
(G)
A statement informing an employee or job applicant of the
federal Drug-Free Workplace Act, if applicable.
(H)
A statement affording provision of 60 days notice prior to
implementation of substance abuse testing.
(I)
A statement that substance abuse testing is required to be
on vacancy announcements for which testing is required.
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(J)
A statement that notification of substance abuse testing is
posted in an appropriate and conspicuous location on employer’s premises.
(K)
A statement informing employees and job applicants that
copies of the policy are available in the employer’s personnel office or other suitable
location.
(ii)
Substance abuse testing, to the extent permitted by law, which
shall include all of the following:
(A)
Pre-employment, random, reasonable suspicion, and post-
accident testing.
(B)
Drug and alcohol testing protocols as specified in Chapter
10, Section 2 shall apply to all random, reasonable suspicion and post-accident testing.
(I)
Pre-employment substance abuse testing is exempt
from the protocol as specified in Chapter 10, Section 2 and alcohol testing is not
required for job applicants.
(II)
For random and reasonable suspicion testing, a
commercially available urine or hair follicle test consisting of synthetic amphetamines;
Amphetamines; synthetic marijuana “spice”; Marijuana; Cocaine; Opiates and PCP with
specific gravity incorporating SAMHSA cutoff levels shall be utilized by a Third Party
Administrator. A negative test shall require no further testing unless use of another drug
not included on the onsite test is suspected, in such case the sample would be
processed as if it were a positive onsite test. A positive drug or low specific gravity
onsite urine test shall be immediately processed pursuant to Chapter 10, Section 2.
Protocol shall require transfer of the specimen in front of the employee to a container
supplied by a certified laboratory, and sealed per instruction with the employee initialing
the evidence seal.
(III)
Post-accident testing shall be exclusively processed
per Chapter 10, Section 2 with strong recommendation that the specimen be a blood
sample.
(C)
To the extent permitted by law, random testing shall be
conducted, at a minimum, on 20% of the average staff on an annualized basis.
(iii)
Resources available for employee assistance.
(A)
To include either a statement advising employee of an
Employee Assistance Program (EAP) or a statement advising employee of employer’s
resource file of assistance programs and other persons, entities, or organizations
designed to assist employees with personal or behavior problems.
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(iv)
Employee education
(A)
The employer shall provide at least 1 hour of employee
substance abuse education training per year. Employers shall retain records, to include
attendee’s signatures, dates and training topics, to document employee participation in
education.
(v)
Supervisor training
(A)
The employer shall provide at least 2 hours of substance
abuse education training per year to all supervisors. Supervisors shall receive training
to encompass at least 60 minutes on alcohol misuse and at least 60 minutes on drug
use.
Training shall incorporate physical, behavioral, speech, and performance
indicators of probable alcohol misuse and use of drugs. Employers shall retain records,
to include attendee’s signatures, dates and training topics, to document supervisory
participation in training.
(h)
Drug-free workplace program compliance and revocation.
(iii)
An employer shall maintain compliance with their drug-free
workplace program during the time period for the discount program.
(iv)
An employer shall be responsible for document retention to
substantiate compliance with the substance abuse testing provisions in the employer’s
approved annual drug-free workplace program. An employer shall preserve such
records for a period of 4 years after the calendar year in which the respective program
was approved by the Division.
(v)
Pursuant to W.S. § 27-14-803 and in accordance with Chapter 2,
Section 5, Audits, the Division may investigate and examine the employer’s
documentation as pertains to compliance with their approved drug-free workplace
program(s). If the Division finds the employer to be in noncompliance after reviewing
the relevant documentation, participation in the employer base rate discount program
for alcohol and drug testing will be revoked. Employers shall have their premium rates
adjusted to the industry classification base rate as adjusted by the experience rating.
(iv)
The Drug and Alcohol Testing Program; Employer Discount shall
be in effect each year unless an audit is conducted and the employer is found to be out
of compliance with any of the program requirements. If the preceding occurs, the
employer shall be removed from the program until such time as the employer reapplies
for the program and all program requirements have been met.
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Section 9.
Health and Safety Consultation Employer Discount Program.
(a)
Pursuant to W.S. § 27-14-201(o) employers may receive a premium base
rate discount, as determined through the Division’s premium rate setting process for its
employment classification, by participating in a health and safety consultation program.
(b)
Applications to participate in this program may be submitted to the
Division at any time and upon approval premium base rate discounts shall be
implemented in the subsequent calendar quarter.
(c)
Employers must have at least 1 employee to participate in this program,
establish and maintain certificates of good standing with Wyoming Workers’
Compensation, Unemployment Insurance, and the Secretary of State. Certificates of
good standing shall be reviewed on a quarterly basis to ensure compliance. If
certificates of good standing cannot be established and maintained by the employer,
that employer shall be disqualified from this program until such time as the employer
reapplies for the program and all program requirements have been met.
(d)
Pursuant to W.S. § 27-14-803 and in accordance with Chapter 2, Section
5. Audits, the Division may investigate and examine the employer’s documentation as
pertains to compliance with its approved health and consultation safety program(s). If
the Division finds the employer to be in noncompliance after reviewing the relevant
documentation, participation in the health and safety consultation employer discount
program may be revoked or reduced to a lower tier.
(e)
Health and Safety Consultation Employer Discount Program premium
base rate discounts shall be applied on a quarterly basis and be in effect for up to 3
years unless an audit is conducted and the employer is found to be out of compliance
with any of the following; has experienced a fatality or catastrophe, a willful or repeat
serious offense. If the preceding occurs, the employer shall be removed from the
program until such time as the employer reapplies for the program and all program
requirements have been met.
(f)
Discounts shall be calculated as follows:
(i)
An employer may be eligible to participate in the Tier 1 premium
base rate discount of 3% if that employer completes a full service, onsite survey and
abates all serious hazards. The survey shall be conducted by Wyoming OSHA
Consultation, the State Mine Inspector’s Office or a qualified third-party health and
safety professional approved by the Department.
(ii)
An employer may be eligible to participate in the Tier 2 premium
base rate discount of 5% if that employer is approved for and completes all
requirements of the Tier 2 health and safety program as prescribed by the Department.
Review of the Tier 2 requirements shall be conducted by Wyoming OSHA Consultation,
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the State Mine Inspector’s Office or a qualified third-party health and safety professional
approved by the Department.
(iii)
An employer may be eligible to participate in the Tier 3 premium
base rate discount of 7% if that employer is approved for and completes all
requirements of the Tier 3 health and safety program as prescribed by the Department.
Review of the Tier 3 requirements shall be conducted by Wyoming OSHA Consultation,
the State Mine Inspector’s Office or a qualified third-party health and safety professional
approved by the Department.
(iv)
An employer may be eligible to participate in the Tier 4 premium
base rate discount of 10% if that employer is approved for and completes all
requirements of the Tier 4 health and safety program as prescribed by the Department.
Review of the Tier 4 requirements shall be conducted by Wyoming OSHA Consultation,
the State Mine Inspector’s Office or a qualified third-party health and safety professional
approved by the Department.
Section 10. Specifically Enumerated Volunteers; Elected, County or Local
Officials; School-to-Careers Program.
(a)
A governing body's election of coverage shall be on forms provided by the
Division containing information as requested by the Division. W.S. § 27-14-108(e)(ix).
(b)
The school-to-careers program applies to those employers and
participants who are not eligible for coverage under a qualifying employer-employee
relationship. Participants under this program are not eligible for temporary total wage
benefits under the Act.
(c)
If the school district or community college district chooses to make the
reports and payments for the employer, the wage calculation will be based on the
presumed pay of the participant. The premium rate used to calculate the payment will
be that of the specific school district or community college district making the report. All
claims will be reported and processed against the reporting school district or community
college district.
(d)
If an employer-employee relationship exists, the participant will be treated
as any other employee under the Act.
Section 11. Joint Reporting.
(a)
Those employers that report the same employees and payroll amounts to
both Workers' Safety and Compensation and Unemployment Insurance shall initially
qualify for joint reporting under the Act. W.S. § 27-14-202(g).
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Section 12. Exclusions.
(a)
Employment under the Act does not include services performed by a
licensed real estate broker or sales person receiving as sole compensation a
commission based on the sale or rental of real estate.
(b)
Private Schools - Major Group 82. Any private entity classified under
major group 82, Education Services, is excluded from coverage under the Act, unless
an election of coverage is made as provided in W.S. § 27-14-108(j).
Section 13. Concurrent Coverage.
(a)
Employers covered under the Act who have employees working in a state
that requires workers’ compensation coverage in addition to the employer’s Wyoming
coverage, must submit written proof of coverage from the other state. The employer
may then submit its payroll report, which lists only the wages paid for hours worked in
Wyoming. The proof of coverage shall be submitted on forms required by the Division.
When the Division receives proof of coverage, it will not require premium payments and
coverage in Wyoming during the time the employee is working and being covered in
another state.
(b)
The employer and employee must notify the Division of any claim for
benefits filed in another state for any injury reported in Wyoming. An employer’s
experience rating to be computed by using three years (or maximum available portions
thereof) of claims experience for each eligible employer.
(c)
Three years claims experience shall begin July 1 of the 5th calendar year
prior to the rating year and end June 30 of the 2nd calendar year prior to the rating year.
Section 14. Deductible Program.
(a)
Pursuant to W.S § 27-14-201(t)(i), an employer may apply to participate in
a deductible program. Employers must apply for the deductible program in writing on a
form prescribed by the Division. Terms of the deductible program shall be defined by
contract entered into between the employer and Division.
(b)
The Division may require applying employers to undergo a financial audit
to ensure financial stability. The audit may include a credit check and review of
company financial reports. The Division shall analyze each applicant based on risk
analysis and sound business practices. The Division may refuse any applicant into the
deductible program if it determines that the proposed contract does not represent a
sound business practice or decision.
(c)
For any employer enrolled in the deductible program, the Division will
process and pay claims in accordance with the Wyoming Worker’s Compensation Act.
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The employer shall reimburse the Division for all costs paid by the Division on individual
claims up to the amount of the contractually agreed deductible.
(d)
The deductible levels available are: $1,000.00; $5,000.00; $10,000.00;
$25,000.00; $50,000.00; $75,000.00; or $100,000.00. The maximum deductible level
offered to an employer by the Division shall not be more than 50% of the employer’s
standard premium.
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